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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Georafflesia : Artikel Ilmiah Pendidikan Geografi Ensiklopedia of Journal Jurnal Keperawatan Komprehensif (Comprehensive Nursing Journal) Jurnal Hilirisasi IPTEKS (JHI) Sulolipu: Media Komunikasi Sivitas Akademika dan Masyarakat Ensiklopedia Education Review ad-Dawaa : Journal of Pharmaceutical Sciences Public Corner Warta Pengabdian Andalas: Jurnal Ilmiah Pengembangan Dan Penerapan Ipteks JURNAL RUMPUN MANAJEMEN DAN EKONOMI
Ferawati Ferawati
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TINJAUAN YURIDIS TINDAK PIDANA PENGANIAYAAN TERHADAP PEJABAT NEGARA YANG SEDANG MENJALANKAN TUGAS YANG SAH DI INDONESIA Tengku Reviandi Wahyu Samudra; Davit Rahmadan; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Crimes against the body and crimes against the life or commonly known as abuse and murder. The act of persecution is one of the phenomena that is difficult to disappear in social life. One of them is the mistreatment of officers who carry out their legal duties. Supposedly if you look at the legal rules contained in the Criminal Code, the perpetrator should get a heavier sentence considering this is done against an official who is carrying out duties under the order of the law or position, however the implementation of the weighting is not in accordance with the rules that have been set. The objectives of this thesis are: First, to find out the legal arrangements for the crime of mistreatment of an official when carrying out legal duties in Indonesia, Second, to find out the imposition of sanctions against perpetrators of the crime of mistreatment of an official when carrying out legal duties in Indonesia, Third, To find out the appropriate provisions for criminal sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia. The author conducts research using normative juridical methods or literature studies in order to obtain secondary data through documentary studies, namely by studying and analyzing comparatively deductively on laws and regulations with theories that have a relationship with the issues studied. The results of this study, there are three main problems: First, How is the legal arrangement regarding the criminal act of mistreatment of an official when carrying out legal duties in Indonesia, Second, How is the imposition of sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia, Third, what are the appropriate provisions for criminal sanctions against perpetrators of criminal acts of persecution against an official when carrying out legal duties in Indonesia. The author's suggestions in this study, Suggest that there are changes to the rules of articles that require special explanations in cases of persecution of state officials who carry out legitimate duties, Suggest that sanctions be imposed on perpetrators of persecution against state officials who carry out legitimate duties with appropriate sanctions. severe, and lastly recommends that appropriate sanctions be imposed on perpetrators of persecution against state officials who carry out legitimate duties if the impact caused by the perpetrator is not too heavy or light, it should be resolved through a restorative justice system.Keywords: Crime-Abuse-State Officials
PENYIDIKAN HUKUM TERHADAP TINDAK PIDANA PENYELUNDUPAN TELEPON SELULER DI WILAYAH HUKUM BEA DAN CUKAI KABUPATEN SIAK Risky Ramadhan; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Smuggling occurs in many Indonesian customs areas, one of them is the Siak Regency customsarea. The smuggling that took place in the Siak Regency was smuggling mobile phones. Because the customsarea of Siak Regency has many rat ports that are not known by the Siak Customs and Excise officers. Inconnection with the smuggling of cellular telephones, it has been explained in article 33 paragraph 1 of LawNumber 11 of 1995 Concerning excise that the Customs and Excise Official is authorized to take thenecessary actions on goods subject to excise. Regarding the cell phone smuggling case handled by Customsand Excise officials, it starts with the investigation process. The function of the investigation is to find outand determine what events actually happened and in charge of making the minutes and reports that will bethe basis for the beginning of the investigation.This research is a sociological juridical research that is a research conducted by holding legalidentification and how effective the implementation of the law applies in society. This research wasconducted at the Customs and Excise Office in Siak Sri Indrapura Regency. While the population andsample are parties related to the problem examined in this study, the source of the data used, primary data,secondary data, and tertiary data. Data collection techniques in this study were interviews and literaturereview.From the results of the research that the author did can be concluded, first the Legal InvestigationAgainst Cellular Phone Smuggling Acts has not been conducted in accordance with the applicableprovisions as regulated in the Criminal Procedure Code and Law Number 39 Year 2007 Concerning Excise,customs and excise officials have not found cellphone smugglers. this, so that the enforcement of cell phonesmuggling has not been fully erect. The Two Obstacles in Investigation of Cell Phone Smuggling in the SiakCustoms and Excise Legal Territory have two factors. Namely internal and external factors.Keywords: Legal Investigations - Criminal Actions - Smuggling
PENYELESAIAAN PERKARA PIDANA MELALUI MEDIASI PENAL TERHADAP TINDAK PIDANA PENGANIAYAAN PADA MASYARAKAT ADAT DESA KUBU BALING-BALING KECAMATAN TAMBUSAI KABUPATEN ROKAN HULU Al Qudri; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Penal mediation is the settlement of cases outside the court, in Indonesia the settlement of cases outside the court or Alternative Dispute Resolution (ADR) is only known in the civil sphere, whereas for the criminal sphere the settlement is reached by proceeding through the court. The practice of settling criminal cases outside the cour,t so far has no formal legal basis, so there is often an informal case where there has been a peaceful settlement even though through the mechanism of traditional law, it is still processed in court according to national law.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in the Central Tambusai region, Tambusai District, Rokan Hulu Regency. While the population and sample are Datuk Luhak Tambusai Customary Institution, Ninik Mamak Density of Luhak Tambusai Adat, Chief of Tambusai Luhak Sector Police and Perpetrators and Victims of Abuse in Luhak Tambusai Village.The conclusions that can be obtained from the results of the study are: First, the completion of criminal cases through Penal Mediation against criminal acts of persecution in the indigenous community of Kubu Baling Baling Village, Tambusai District, Rokan Hulu Regency, has not been implemented well. This is proven that, the perpetrators are still not fully with mamak ninik. The parties are still inclined to take the case to the litigation channel. The parties should be able to appreciate the existence of ninik mamak in settling criminal cases through Penal Mediation for criminal acts of persecution in the Kubu Baling Baling Indigenous Village community. The people around still don't realize the existence of customary law as an alternative in resolving cases that occur in the community. Second, the efforts to resolve criminal cases through mediation of penalties in order to reduce the occurrence of criminal acts of persecution in the indigenous communities of Kubu Baling Desa Tambusai District, Rokan Hulu Regency, among others, strengthening and empowering the role of ninik mamak, increasing cooperation with law enforcement officials, and empowering institutions custom.Keywords: Settlement, Criminal Case, Penal Mediation, Indigenous Peoples
TINJAUAN YURIDIS PEMBERIAN REMISI TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI DIKAITKAN DENGAN TEORI PEMIDANAAN Cyntia Ayustika Fitria; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Remission or reduction of the criminal period which is a right for a prisoner or prisoner-assisted citizen is regulated in Law Number 12 of 1995 concerning correctional matters and regulated in Presidential Decree 174 of 1999 concerning remission. Whereas the granting of remission to corruption convicts is regulated in Government Regulation Number 99 of 2012 concerning the second amendment to Government Regulation Number 32 of 1999 concerning the requirements and procedures for the implementation of prisoners' rights Article 34 A paragraph 1.Since there has been a reduction in serving time (remission) in Indonesia there are problems that need attention, given the remission whether it will provide a deterrent effect for the perpetrators of the crime, especially for convicted corruption, plus the verdict of judges who tend to impose minimum criminal penalties on convicted criminal act of corruption.Granting remission to corruptors reaps a lot of opinions and criticisms. The granting of remission to corruptors is considered to be an improper and improper action to be given. Given that corruption crime continues to increase from year to year and the level of state losses are very large. This research will be prepared using the type of normative juridical research, namely research that is focused on examining the application of the rules or norms in positive law. The approach used in this research is to use a normative approach, namely library law research. The results of the research conducted by the author are, firstly for the application of remission based on Government Regulation Number 99 of 2012, and to find out whether or not the relevant remission of corruption is based on criminaltheory.Keywords: Granting Remission - Corruption Crime - Criminal Theory
PENEGAKAN HUKUM TERHADAP PELAKU PENGANIAYAAN HEWAN DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU Eliyani Esther Marlina; Mukhlis R; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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At this time, there are many cases of torture or killing of animals in inhuman ways. Abuse of animals is not only considered to violate moral ethics but also against positive law, because animal abuse is regulated in the laws and regulations in Indonesia. However, the implementation of the rules on animal mistreatment is still not fully implemented due to the lack of strict law enforcement given to the perpetrators of animal abuse and the lack of public knowledge and awareness of the rules related to animal mistreatment. Some cases of animal abuse that have occurred in Indonesia have only been reported. Apart from that, of the many cases of animal abuse that occurred in Indonesia, only two cases ended up being decided by the court. In Riau Province, there have also been many cases of animal abuse, both light treatment of animals in the form of neglect of animals to severe abuse of animals that cause deathThis research is a juridical empirical research or sociological legal research. Empirical juridical research is carried out by identifying the law and how the effectiveness of the law applies in society, because in this study the author directly conducted research at the location or place under study, namely the Riau Regional Police. This research is descriptive in nature, which is to provide a clear and detailed description of the problems researched by researchers, namely the Law Enforcement of Animal Abuse in Riau Regional Police. Sources of data used in this study are primary data, secondary data and tertiary data. Data collection techniques in this study were interviews and literature review.From the results of the research carried out, it can be concluded that law enforcement against perpetrators of animal abuse in the Legal Area of the Riau Regional Police has not run optimally due to the lack of seriousness by law enforcement officials to follow up on perpetrators of animal abuse. Obstacles in enforcing the law on animal mistreatment are the absence of regulations on animal mistreatment due to the low threat of criminal sanctions, the lack of seriousness of law enforcement officials and the lack of public knowledge regarding the crime of animal mistreatment Efforts taken to overcome these obstacles are by reformulating regulations related to giving heavier criminal sanctions, holding outreach and outreach to the public and increasing the capacity and seriousness of law enforcers.Keywords: Law Enforcement-Crime- Animal Abuse
IMPLEMENTASI DIVERSI DALAM MENYELESAIKAN TINDAK PIDANA ANAK DI TINGKAT KEJAKSAAN NEGERI SIBOLGA Ferdinan P L Tobing; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Children are gifts or entrusted by God to every parent who is part of the younggeneration of the nation's successors who must be protected. The effort to protectchildren facing the law is through a legal restorative approach carried out bymeans of diversion. Diversion is the transfer of child case processes from criminaljustice processes to processes outside the criminal court. At the level ofinvestigation, prosecution and examination of child cases in the district court,diversion must be sought, this is stated in article 7 paragraph (1) of the ChildCriminal Justice System Act. The purpose of writing this thesis, namely: First, Tofind out the implementation of diversion in the Sibolga District Prosecutor'sOffice. Second, to find out the inhibiting factors for the implementation ofdiversion in the Sibolga District Prosecutor's Office. Third, Untik knows theefforts of the Prosecutor's Office to overcome the inhibiting factors for theimplementation of diversion in the Sibolga District Prosecutor's Office.This type of research can be classified in this type of sociological juridicalresearch, because this research author directly conduct research on the locationsor places studied in order to give a complete and clear picture of the issuesexamined. This research was conducted at the Sibolga District Prosecutor'sOffice, whereas the sample population is a whole party with regard to the issuesexamined in this study, the data source used, primary data, secondary data anddata tertiary, technical data collectors in this study with interviews and literaturestudy.From the results of research and discussion it can be concluded that,First, the implementation of diversion in resolving child crime at the SibolgaDistrict Attorney level has not been maximized. Second, the inhibiting factors ofdiversion efforts at the Sibolga District Prosecutor's Office are the lack of thenumber of public prosecutors, the paradigm of the public prosecutor, the lack ofcooperation between institutions and the parties, and the work area of the SibolgaDistrict Attorney consisting of 2 (two) jurisdiction . Third, the public prosecutor'sefforts in overcoming the inhibiting factors are by increasing the number of childprosecutors, conducting training and education on diversion and seeking goodcooperation between institutions.Keywords: Implementation – Diversion - Child
PENERAPAN SANKSI PIDANA TERHADAP PEMILIK TEMPAT PROSTITUSI DI KECAMATAN SIATAS BARITA KOTA TARUTUNG Maria Hose Sihombing; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

   Prostitution is a social phenomenon where women sell themselves doing sexual acts as a livelihood. In this definition clearly stated the existence of self-selling as a "profession" or daily livelihood, by way of sexual relations. In this case the moral damage is seen when the community practices the ownership of a place of prostitution as a place for commercial sex workers or familiarly known as CSWs. The purpose of this study aims to determine law enforcement against owners of prostitution sites, to determine the impact of prostitution premises on the community and, to determine the inhibiting factors of law enforcement against owners of prostitution in Siatas Barita District, Tarutung City.In this study the authors use the method of sociological research that is research conducted directly at the location or object of research that wants to see the correlation between law and society, in this study the researchers directly conducted research.From the results of the research that the author did can be concluded, the first law enforcement against the owners of prostitution in the District Siatas Barita Tarutung City is limited to administrative sanctions. it does not make the place of prostitution stop operating until now. Law enforcement against owners of prostitution in the District of Siatas Barita Tarutung City is not based on the Criminal Code. While the Criminal Code has regulated the issue of prostitution as in Article 296 of the Criminal Code and 506 of the Criminal Code. secondly With the presence of prostitution has an impact on the insecurity of the people who live near the place of prostitution caused by many crimes. The three obstacles in carrying out law enforcement against the owners of prostitution places are, among others, the lack of public legal awareness which has implications for their disobedience to the law, due to the spread of information that raids or policing will be held more rapidly so that participation becomes an obstacle.The author's advice, first To the North Tapanuli District Police to carry out law enforcement in accordance with the Criminal Code. Secondly, the people of Tarutung City are expected to be more concerned with the problem of prostitution that is increasingly widespread. Keywords: Law Enforcement-Crime-Prostitution
Penerapan Hukum Adat Dalam Menyelesaikan Tindak Pidana Perzinaan di Desa Teratak Kecamatan Rumbio Jaya Kabupaten Kampar HAMDANI HAMDANI; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Indonesia is a rule of law where every provision is guided by a nationallegal system, the enactment of national law in society and also the development ofa legal system that derives from the habits in society. This practice is a provisioncalled customary law. In customary law there is no separation between violationsin the field of criminal or civil law. However, customary law only recognizes oneprocedure in terms of prosecution, both for civil and criminal nature.As for the settlement of cases or disputes within the customary lawcommunity, it must be based on the views or role models adopted by theindigenous people themselves. Whereas in this study shows that the settlement ofcustomary law takes into account the process in a family, deliberation betweenthe two parties and prioritizes the restoration of the order of life in the communityso that the creation of harmony within the community itself.Basically, crime is an act that is seen as a deviant act. Completion ofcriminal cases, In addition to completing it before a court, in the Tratak Villagecommunity, there are many cases of crimes that are resolved through customarylaw.This study aims to find out the existence of customary law and sanctionsagainst criminal law offenders and whether the type of sanction is effective as alegal basis in resolving this case.Keywords: State of Law, Customary Law, Customary Sanctions
REFORMULASI SANKSI PIDANA TERHADAP PENGGUNA PENGGUNA PIL PCC (PARACETAMOL, CAFFEINE DAN CARISOPRODOL) DALAM HUKUM PIDANA INDONESIA Ade Satria Habibillah; Mexsasai Indra; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Drug abuse is a drug that is misused (misused) every time someone with arbitrary use of drugs (suchas when a drug is prescribed for someone else). Pills are abused (absed) when a person continues toconsume the drug, resulting in physical and psychological dependence on the drug. PCC pills (Paracetamol,Caffeine, and Carisoprodol) are drugs that can be used to relieve pain and heart pain medications, so thesedrugs should not be taken carelessly under the supervision,of doctors and pharmacists.Perpetrators of misuse of the PCC pill must be able to take responsibility for their actions. Thisstudy raises the issue of what is the urgency of formulation policies for users as well as the ideal legal policyfor PCC users (Paracetamol, Caffeine, and Carisoprodol)The research method used is normative research with a statutory approach, fact approach and legalconcept analysis approach. The results of this study indicate that pcc pills that have been designated asclass 1 narcotics according to the Minister of Health Regulation are immediately included in Law Number35 of 2009 concerning Narcotics. Perpetrators of misuse of pcc pills are responsible for their actions byundergoing rehabilitation sanctions.Keywords: Accountability, PCC, Legal Arrangements.
ANALISIS YURIDIS PENGATURAN TENTANG PERKAWINAN TANPA IZIN ISTERI PERTAMA MENURUT PASAL 279 KUHP BERDASARKAN PUTUSAN MAHKAMAH AGUNG NOMOR: 75 K/PID/ 2016 & 168 K/MIL/2016 Dandy Gilang Mandala Putra Azwan; Erdianto Erdianto; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Unregistered marriage (Siri Marriage) is essentially part of the religion of Islam and the practice is allowed in the Islamic religion. The culture of Siri marriage is adopted from the Arabs. Not only in the East, this practice is also extended to Indonesia. The thing is because the majority of Indonesian people are Muslims. The practice of unregistered marriage has been around for a long time and is still present sometimes. Marriage (registered one) which is a symbol of purity and commitment in a household can be an impact of this practice of unregistered marriage. Because marriage sometimes can be littered with infidelity, often unregistered marriage becomes a way out for polygamists. This led to polygamy perpetrators being ensnared by the existence of criminal lawregarding criminal acts regulated in Article 279 of the Criminal Code (hereinafter referred to as the Criminal Code) with the threat of imprisonment of 5 years. In other words, a person is punishable by a five-year prison sentence for a second marriage without permission from his first wife or husband who is still legally bound to the marriage and is still alive. However, the application of this Article is still considered lacking in law enforcement due to the application of juriprudence in Indonesia is not an obligation for judges that give them the liberty to interpret the Article according to their beliefs. This type of research can be classified into the type of Normative legal research which reveals legislation relating to legal theories that are the object of research. The approach taken is qualitative analysis by looking at data both in books, journals, and other scientific works related to this research. The data sources used for this exercise are primary and secondary legal materials.Keywords: Siri Marriage, Criminal Acts, Marriage, Article 279 of the Criminal Code.
Co-Authors Abda Abda Abdur Rivai Achmad Noerkhaerin Putra Ade Mulyani Ade Satria Habibillah Adisti Rastosari Ahmad Zuhri Al Qudri Alief Barqah Firmansyah Alqaf Harto Maryono Ananda Putri Rihenda Andika Bukit Andria Familta Anita Rahmayuni Anugrah Usman, Dwi Angga Arif Yuliansyah Asri Qhornelis Putri Aulia, Afrillah Diah Bela Islami Cyntia Ayustika Fitria Dandy Gilang Mandala Putra Azwan Davit Rahmadan Deby Rahmatul Fitri Desi Yana S Dessy Artina Dika Nofira Hardiyanti Doni Anggarda Paramitha Dwi Anggun Pratiwi El Latifa Sri Suharto Eliyani Esther Marlina Elmayanti, Elmayanti Emilda Firdaus Erdianto Effendi Erdianto Erdianto Erpomen Erpomen Evi Deliana HZ Fajrona, Kadran Fatma Dewi Fazly Mahatma Putra Gautama Negara Febby Widya Ferdinan P L Tobing Feriska Bulan Mutia Firman Firman Hamdani . Hary Febrianto Hervi Alfathira Natasya Hilda Febriani HUSNUL KHOTIMAH Iffana Hayu Indah Aidina Prihadi Indah Tri Wahyuni Irdan Hasan Irvan Suherry Isriany Ismail Janri Aldo S Joana Petra Naomi Jodi Saputra Khairunnisa Khairunnisa Khalil Khalil Lamtiur Siregar Latifah Alkhairiyah Lesti Hardianti Linda Suhartati M Hafidh Novaldi Maria Hose Sihombing Maria Maya Lestari Masdiana Simbolon Mexsasai Indra Mohamad Ikrom Mohammad Said Muhammad Alkasah Muhammad Siddiq Mukhlis R Munifah Wahyuddin Nanda Efrialis Nanda Rezky Pratama Nina Ismayani Nova Putri Nurdaonah Nurdaonah Nurdianti Nurdianti Nurhasidah Nurhasidah Nursalam Hamzah Orde Prianata Pusaka, Semerdanta Rahayu Khairiah Rama Setyo Prakoso Ramadhana Ari Pratamas Bangun Rayonnita Rayonnita Reni Marbun Reswati, Reswati Reynaldi Reynaldi Robi Amizar Rocky Handika Tarigan Rullyansyah Qotni Putra Rusli, Ridho Kurniawan Salsa Annisya Anggraini Sayladito Sitinjak Sepri Reski Siti Zuleha Socha Salsabila Riyadi Sri Indrayani Sri Melia Sridevi Ronauli Tengku Reviandi Wahyu Samudra TM Wawan Perdani Tri Meri Handayani Tri Mukti Vannesah Nara Tasya Halim Viandras Billy Gustama Warni Susila Wialanda Wiguna Wizna Wizna Yesi Chwenta Sari Yolanda Rizky Rinaldi Yolani Utami Yudha Chandra Pranata Yuherman Yuherman Yulianti Fitri Kurnia Yulius Wibisono Prakosa Putro Yuni Angraini Yuri Prayoga A. ZK Abdurahman Baizal Zulfikar Jayakusuma